Dismissal of Workers’ Compensation Claim Petition – Thanks to Michael Eiss, Esq.

Our Philadelphia partner, Michael Eiss, recently obtained dismissal of a Workers’ Compensation Claim Petition.

The involved claimant, a roofer, alleged he sustained permanent brain damage caused by an electrocution which occurred when a metal ladder he was setting up, contacted a high power line. His claim included several hundred thousand dollars of “trauma” hospital bills which were not subject to being audited and reduced under the terms of the Pennsylvania Worker’s Compensation Act.  The Judge issued a favorable Decision dismissing the Claim and Joinder Petitions after accepting Mr. Eiss’ arguments that the claimant did not sustain his burden of proving that he was an employee at the time of his accident as defined by the Pennsylvania Workers’ Compensation Act, since: (1) he did not receive any valuable consideration from the involved potential employers on the day of his accident, and; (2) he was an independent contractor on the dates that he worked with these potential employers.